PolicyBrief
S. 539
119th CongressMay 15th 2025
PROTECT Our Children Reauthorization Act of 2025
AWAITING SENATE

This bill reauthorizes and updates the PROTECT Our Children Act of 2008, focusing on modernizing the National Strategy to combat child exploitation and refining the operations, structure, and liability protections for Internet Crimes Against Children (ICAC) Task Forces.

John Cornyn
R

John Cornyn

Senator

TX

LEGISLATION

Child Exploitation Task Forces Get $90M Boost and Broad Liability Shield in 2028 Reauthorization

The PROTECT Our Children Reauthorization Act of 2025 is an update to the 2008 law that funds and directs the national fight against child exploitation, primarily through the Internet Crimes Against Children (ICAC) Task Forces. This bill locks in specific funding, authorizing $70 million for 2026, rising to $90 million by 2028. It also significantly changes how the ICAC Task Forces operate, introducing new requirements for planning and, crucially, granting them expansive liability protection.

The National Strategy: More Depth, Less Often

Currently, the National Strategy for fighting child exploitation has to be updated every two years. This bill stretches that out to every four years. While that sounds like less oversight, the new strategy must be way more detailed. It now requires a deep dive into current and future exploitation trends, especially those involving new tech, and must include a detailed estimate of the resources needed by the ICAC Task Forces, the FBI, and others to handle the scale of these crimes. Think of it like this: instead of two quick check-ins, they’re now required to produce one massive, comprehensive five-year business plan that actually budgets the necessary resources. This shift aims for better planning, but it does mean the strategy could lag behind rapidly evolving technology trends for longer periods.

Who’s Covered Now? And Who’s Protected?

This reauthorization formally expands the scope of who ICAC Task Forces can work with, explicitly including Tribal and military agencies alongside state and local partners. This is a practical move that recognizes the jurisdictional reality of these crimes. The bill also clarifies that the task forces’ purpose includes identifying child victims, not just investigating crimes, and they must now prioritize cases that are most likely to lead to successful outcomes and rescues.

However, the most significant change for the public is the new liability shield. Under the bill, ICAC task forces and their personnel generally cannot be sued in federal or state court over decisions they make about prioritizing leads related to internet crimes against children. This protection is broad, aiming to shield officers from lawsuits when they have to make tough, split-second calls on which leads to pursue. But there’s a catch: this shield only drops if the employee acted with "actual malice or reckless disregard for a substantial risk of injury without legal justification." For ordinary people seeking accountability, proving "actual malice" is an incredibly high legal hurdle. This provision could make it much harder for victims or their families to sue if they believe a task force made a negligent decision in prioritizing or dropping a case, potentially reducing accountability.

Data, Dollars, and Deleted Labs

On the administrative side, the bill makes two major structural changes. First, it makes the establishment of the National ICAC Data System optional (“may establish”) rather than mandatory. While the system is critical for national coordination, making it optional could lead to fragmented data collection across different jurisdictions, making it harder to track national trends. Second, the bill guarantees that at least 20 percent of the total grant money must go directly to supporting the ICAC Task Force Program itself, ensuring funds are available for training and necessary tools.

Finally, the bill removes Title II of the original Act entirely. Title II dealt with establishing additional regional computer forensic labs. Eliminating this section removes a specific funding stream dedicated to building out forensic analysis capacity. For agencies that rely heavily on these specialized labs for digital evidence—which is essential in nearly every child exploitation case—this elimination could strain resources unless the new grant funding is effectively redirected to fill the gap.